Summer contracts: rights and obligations

Every summer, many young people enter the job market to work for a few months, whether in the hospitality industry, commerce, youth centers or other sectors that strengthen their workforce at this time of year. Although these contracts are temporary, young people have exactly the same labor rights as any other worker.

In DATA and SERVICES we explain the rights and obligations of both the employer and the young worker.

What is meant by summer contracts?

Summer contracts are those that are made to cover the holidays of workers who are part of a company's workforce or to reinforce teams at specific times.

The labor reform has modified article 15.2 of the Workers' Statute by directly establishing the production circumstances contract to cover vacations.

With the 2021 labor reform, contracts for work and service were eliminated, and the figure of the fixed-discontinuous contract became more relevant. With this regulation, the law that regulates the relationship between the company and its employees, also in a summer contract, is the Workers' Statute. In addition, the collective agreement governing the activity may establish specific conditions.

Types of contracts that can be used in the summer

• Of a duration determined by production circumstances.
• Fixed-discontinuous.
• Replacement.

How long should summer contracts last?

The duration may not exceed six months. By collective agreement at sectoral level, the maximum duration of the contract may be extended to one year. Even if it is for a specific period, an employment contract is a legal bond that implies responsibilities and rights for both the employer and the employee.

Skipping steps or not completing all the procedures required by law can end in financial penalties or labor disputes.

Regarding the issue of holidays, the law also protects these temporary workers. All employees are entitled to holidays in proportion to the time worked, which is equivalent to about two and a half days per month worked. If, due to the short duration of the contract, these holidays cannot be enjoyed, the employer must pay them into the settlement. In this way, young people do not lose this right, even if the work is seasonal.

Obligations of the employer

The employer has the obligation to guarantee the labor rights of the employees. Among their duties are:

• Offer a written contract that clearly reflects the location, duration and working hours.
• Register the worker with Social Security from the first day.
• Pay the agreed salary within the established deadlines.
• Respect the agreed working hours and comply with the rules on occupational risk prevention, holidays, a trial period, payment of overtime, if applicable, and decent working conditions.
• And when the contract ends, the settlement must be paid.

Do these workers have to report to the Treasury?

One of the most common doubts is whether it is necessary to file an Income Tax Return after working for only a few months. The regulations establish that, in general, they are not required to do so if they do not exceed 22,000 euros per year from a single payer.

However, if they have multiple payers or exceed the limits established by the Treasury, they would be obliged to do so.

If you need more information, do not hesitate to contact DATA AND SERVICES.